New England Educational Training Service, Inc. v. Silver Street Partnership

This is an appeal from a judgment entered for plaintiff after the court granted plaintiff’s motion for summary judgment to enforce a settlement agreement. We reverse.

The defendant, Silver Street Partnership (Silver Street), is the record owner of a parcel of real estate encumbered by a mortgage in favor of plaintiff, New England Educational Training Service, Inc. (NEET). Silver Street acquired the property in 1983 without notice of an outstanding mortgage to NEET that had been granted by a predecessor in title and misindexed. Not long after defendant acquired the property, it was informed by…